My name is ***** ***** and I have a divorce case that was…

Customer Question

HI, my name is...

HI, my name is ***** ***** and I have a divorce case that was dismissed in Florida. As I am stationed in California for the past 5 years, I re-filed my divorce in California, as I reside here and not in Florida with my soon to be ex. My question is if my soon to be ex-husband tried, will it be possible for him to try to open the case back up in Florida if there is a case already open in California?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I have an open divorce case in California that I opened up and filed with my lawyer in California and my husband is trying to re-open the case back up in Florida with his lawyer there. Will it be possible for him to re-open the case in Florida if there is an open case in California?

Once you get your case in CA going and show the CA court that you have lived in CA for the prior 5-6 months (you need to live in a state for 5-6 months before the courts there in CA will take jurisdiction over you and your case), so long as the filing date of the case in California is shown on the documents to be a date which is earlier than any court date that he gets to the FL court to try to reopen the case in FL, then your divorce case will end up being heard and decided in CA family court.

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Finally, generally speaking, once a divorce case is dismissed in FL or in any other state, the courts are not generally inclined to permit one party to revive such an old case at such a late date without a really good reason and in your case, I can see no good reasoning for the FL court to permit such an old case to be reopened (the facts and law become stale) -- and I do not see anything for you to worry about here.. Your case in CA will go forward quickly due to your long term state residency.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).